The Lone Ranger wrote:
Of course in Scotland we also have the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) so we have to Police the Alcohol as well, I have had this a few times lately, you get flagged down by a group, you stop and pick them up, get on your way and next thing one of them, or all of them have either a bottle or in some cases a glass, but have concealed it in some way or other.
Alcohol on vehicles.
19.—(1) Where a public service vehicle or railway passenger vehicle is being operated for the principal purpose of conveying passengers for the whole or part of a journey to or from a designated sporting event, then—
(a) any person in possession of alcohol on the vehicle shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both;
(b) if alcohol is being carried on the vehicle and the vehicle is on hire to a person, he shall, subject to subsection (7) below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and
(c) any person who is drunk on the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(2) Notwithstanding section 92 of the [1976 c. 66.] Licensing (Scotland) Act 1976 (restriction on carriage of alcoholic liquor in crates on contract carriages), but subject to subsection (7) below, if the operator of a public service vehicle which is being operated as mentioned in subsection (1) above, either by himself or by his employee or agent permits alcohol to be carried on the vehicle, the operator and, as the case may be, the employee or agent shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) This subsection applies to a motor vehicle which is not a public service vehicle but which is adapted to carry more than 8 passengers and is being operated for the principle purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event.
(4) Any person in possession of alcohol on a vehicle to which subsection (3) above applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both.
(5) Any person who is drunk on a vehicle to which subsection (3) above applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6) Any person who permits alcohol to be carried on a vehicle to which subsection (3) above applies and—
(a) is the driver of the vehicle; or
(b) where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper's employee or agent, or the employee or agent of a person to whom it is so made available,
shall, subject to subsection (7) below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Where a person is charged with an offence under subsection (1)(b), (2) or (6) above, it shall be a defence for him to prove that the alcohol was carried on the vehicle without his consent or connivance and that he did all he reasonably could to prevent such carriage.
Interpretation of Part II.
23. In this Part of this Act, unless the context otherwise requires—
"advertised" means announced in any written or printed document or in any broadcast announcement;
"alcohol" means alcoholic liquor as defined in section 139 of the Licensing (Scotland) Act 1976;
"designated" means designated by the Secretary of State by order under section 18 of this Act, and "designated sporting event" includes a sporting event designated under section 9(3)(a) of the [1985 c. 57.] Sporting Events (Control of Alcohol) Etc. Act 1985;
"keeper", in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the [1994 c. 22.] Vehicles Excise and Registration Act 1994;
"period of a designated sporting event" means the period commencing two hours before the start and ending one hour after the end of a designated sporting event, except that where the event is advertised as to start at a particular time but is delayed or postponed in includes, and where for any reason an event does not take place it means, the period commencing two hours before and ending one hour after, that particular time;
"public service vehicle" has the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981 and "operator" in relation to such a vehicle means—
(a) the driver if he owns the vehicle; and
(b) in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work);
"railway passenger vehicle" has the same meaning as in the Licensing (Scotland) Act 1976;
"relevant area" means any part of a sports ground—
(a) to which spectators attending a designated sporting event are granted access on payment; or
(b) from which a designated sporting event may be viewed directly;
"sporting event" means any physical competitive activity at a sports ground, and includes any such activity which has been advertised as to, but does not, take place; and
"sports ground" means any place whatsoever which is designed, or is capable of being adapted, for the holding of sporting events in respect of which spectators are accommodated.
Not really sure what it all means and I cant be bothered to find out because it will have nothing to do with the real life scenarios that we face out on the streets of the various town centres up and down the country, the smoking ban is just the same, just another flashpoint where none previously existed, another area of conflict foisted upon us by the politicians and the WHO,of course they will be safely tucked up in their beds while we are left to enforce their rules.
You dont have any choice in this because if you dont enforce it you get the fine for someone else breaking the law, how do you physically stop someone from smoking,why should you risk your life or wellbeing or lose your licence because of this.
Thats not to say smokings a good thing but I cannot see why an innocent person should be liable for someone elses behaviour.
Someone else breaks the law and an innocent person is liable for allowing this to happen, surely a strange form of enforcement is it not, what happened to the "you do the crime, you do the time" adage, everything is all back to front in this country now, there is no compromise now, no freedom of choice and no justice, it's just another means to punish the innocent rather than the person responsible.
So just to sum up: Smoking is no good but neither is anything else these days, it's an expensive way to kill yourself, but you will die at some point, we all do, it has nothing to do with the smell of it.
I may be wrong but this seems to be for public service vehicles that carry over 8 passengers.
Login
Register
FAQ
and all the supporters had a dam good drink on the way home on the buses and trains and other means of transport 
Maybe next year JD 
